May 2, 2013, Introduced by Reps. Kosowski, Kurtz and Shirkey and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 2892, 2892a, 2892b,
2892c, 2892d, and 2892e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2892. (1) As used in this section and sections 2892a to
2892e:
(a) "Child placing agency" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(b) "Registry" means the responsible father registry created
in subsection (2).
(c) "Support enforcement agency" means that term as defined in
section 104 of the uniform interstate family support act, 1996 PA
310, MCL 552.1104.
(2) The department shall administer and maintain a registry to
be known as the "responsible father registry".
Sec. 2892a. (1) Except as otherwise provided in subsection (3)
or unless notice is given under subsection (5), a man who desires
to be notified of a proceeding for adoption of a child or
termination of parental rights regarding a child whom he may have
fathered shall register with the registry before the child's birth
or not more than 48 hours after the child's birth. A registrant
shall promptly notify the registry of any change in the information
registered, including, but not limited to, change of address. The
department shall incorporate all new information received into its
records but is not required to obtain current information for
incorporation in the registry.
(2) A man's parental rights are not waived by failing to
register with the registry if a father-child relationship between
the man and the child has been established according to the
paternity act, 1956 PA 205, MCL 722.711 to 722.730, or the
acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to
722.1013.
(3) Failure to register with the registry according to
subsection (1) waives a man's right to receive the notice to which
he is otherwise entitled and is a denial of his interest in custody
of the child, which denial shall result in the court's termination
of his parental rights to the child unless the man was led to
believe through the birth mother's fraud that the pregnancy was
terminated or the mother miscarried when in fact the baby was born
or that the child died when in fact the child is alive. The man
must register with the registry not more than 48 hours after
discovering the fraud described in this subsection.
(4) A child placing agency or adoptive parent shall give
notice of a proceeding for the adoption of a child or termination
of parental rights regarding a child to a registrant who has
registered in a timely manner according to subsection (1). A man
who registers with the registry in a timely manner is entitled to
notice of any hearing involving the child who is the subject of the
registration to determine the father's identity of that child and
any hearing to determine or terminate the father's parental rights
to that child.
(5) A man who has engaged in sexual intercourse with a woman
is considered to be on legal notice that a child may be conceived
and the man is entitled to all legal rights and obligations as a
result. Lack of knowledge of the pregnancy does not excuse failure
to register in a timely manner. In the event that the identity and
whereabouts of the putative father or alleged father are reasonably
ascertainable, written notice of the mother's intended release or
consent to adoption and the availability of registration with the
registry shall be provided by personal service or by certified
mailing return receipt request with delivery restricted to the
addressee to the man's last known address. Personal service or
certified mailing may be either before or after the child's birth.
If executed before the child's birth, the man has not more than 48
hours from the date of the child's birth to register. If executed
after the child's birth, the man has not more than 48 hours from
the date of the personal service or receipt of the certified
mailing to register.
(6) The department shall prepare a form for registering with
the registry that requires all of the following:
(a) The registrant's name, date of birth, and social security
number.
(b) The registrant's driver license number and state of
issuance.
(c) The registrant's home address, telephone number, and
employer.
(d) The name, date of birth, ethnicity, address, and telephone
number of the mother, if known.
(e) The state, city, and place where conception occurred and
the approximate date of possible conception.
(f) The child's place and date of birth, if known.
(g) The child's name and gender, if known.
(h) The registrant's signature. A form for registering with
the registry is not complete unless signed by the registrant.
(7) The form described in subsection (6) shall also include a
statement regarding all of the following:
(a) Registration in a timely manner entitles the registrant to
notice of a proceeding for adoption of the child or termination of
the registrant's parental rights.
(b) Registration does not initiate a proceeding to establish
paternity.
(c) The information disclosed on the form may be used against
the registrant to establish paternity.
(d) Services to assist in establishing paternity are available
to the registrant through the department.
(e) The registrant should also register in another state if
conception or the child's birth occurred in another state.
(f) Information on registries of other states may be available
from the department.
(g) The form is signed under penalty of perjury.
(h) Procedures exist to rescind the registration of a claim of
paternity.
Sec. 2892b. (1) The department is not required to locate the
mother of a child who is the subject of a registration, but the
department shall send a copy of the notice of registration to the
mother if an address is provided.
(2) Information contained in the registry is confidential and
may only be released on request to 1 or more of the following:
(a) A court or a person designated by the court.
(b) The mother of the child who is the subject of the
registration.
(c) An agency authorized by law to receive the information.
(d) A child placing agency.
(e) A support enforcement agency.
(f) The child's guardian ad litem.
(g) A party or the party's attorney of record in an adoption
proceeding, custody proceeding, paternity proceeding, or in a
proceeding for termination of parental rights, regarding a child
who is the subject of the registration.
(h) A putative father registry in another state.
(3) Information contained in the registry is exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(4) An individual who intentionally releases information from
the registry to an individual or agency not authorized under this
section to receive the information is guilty of a misdemeanor.
Sec. 2892c. (1) If no father-child relationship has been
established according to the paternity act, 1956 PA 205, MCL
722.711 to 722.730, or the acknowledgment of parentage act, 1996 PA
305, MCL 722.1001 to 722.1013, a petitioner for adoption shall
obtain from the department a certificate that a search of the
registry was performed. If the child's conception or birth occurred
in another state, a petitioner for adoption shall obtain a
certificate from that state indicating that a search of the
putative father registry was performed, if that state has a
putative father registry.
(2) The department shall provide to a requester a certificate
of search of the registry upon the request of an individual, court,
or agency listed in section 2892d. The certificate of search shall
be signed on behalf of the department. The certificate of search
shall state that a search has been made of the registry and either
a registration containing the information required to identify the
registrant has been found and is attached to the certificate of
search or a registration has not been found. Not later than 4
business days after receipt of the request, the department shall
mail the certificate of search to the requestor by United States
mail. Upon request of the requestor and payment of any additional
costs, the department shall have the certificate of search
delivered to the requestor by overnight mail, in person, by
messenger, by facsimile, or by other electronic communication. The
department's certificate of search or an appropriate certificate of
search from another state is sufficient proof that the registry was
searched.
(3) A certificate of search must be filed with the court
before a proceeding for adoption of a child or termination of
parental rights regarding a child may be concluded.
(4) A certificate of search of the registry is admissible in a
proceeding for adoption of a child or termination of parental
rights regarding a child and, if relevant, in any other legal
proceeding.
Sec. 2892d. (1) The department shall provide access to and
allow for an online registration process for the registry.
(2) The department shall produce and distribute a pamphlet or
other publication informing the public about the registry that
shall include, but is not limited to, all of the following:
(a) The procedures for voluntary acknowledgment of paternity.
(b) The consequences of acknowledgment of paternity and
failure to acknowledge paternity under this section.
(c) A description of the registry, including to whom and under
what circumstances the registry applies.
(d) The time limits and responsibilities for filing.
(e) Paternal rights and associated responsibilities.
(f) Information explaining online registration for the
registry.
(g) Other appropriate provisions of this section.
(3) The pamphlet or publication described in subsection (2)
shall include a detachable form that meets the requirements of
section 2892a(6), is suitable for United States mail, and is
addressed to the registry. The pamphlet or publication shall be
made available for distribution at all offices of the department
and all local department offices. The department shall also provide
the pamphlets or publications to hospitals, libraries, medical
clinics, schools, universities, and other providers of child-
related services upon request.
(4) The department shall provide information to the public
through general public service announcements, or other ways to
deliver information to the public about the registry and its
services.
Sec. 2892e. (1) The registry fund is created within the state
treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only for the purposes of implementing and
administering the provisions of this section and sections 2892 to
2892d.